AgBoss Group Pty Ltd v Bainbridge Pty Ltd [2020] FCA 1200

Federal Court of Australia

AgBoss Group Pty Ltd v Bainbridge Pty Ltd [2020] FCA 1200 File number: VID 200 of 2020

Judgment of: ANASTASSIOU J

Date of judgment: 19 August 2020

Catchwords: PRACTICE AND PROCEDURE – pleadings - application for leave to amend Statement of Claim – leave to amend granted – discovery category disagreement – orders made for discovery

Legislation: Copyright Act 1968 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Takemoto v Moodys Investors Service Pty Ltd [2014] FCA 1081 Taleb v GM Holden Ltd [2011] FCAFC 168

Division: General Division

Registry: Victoria

National Practice Area: Intellectual Property

Sub-area: Copyright and Industrial Designs

Number of paragraphs: 15

Date of hearing: 10 August 2020

Counsel for the Applicants: Mr W. Rothnie

Solicitor for the Applicants: Clayton Utz

Counsel for the Respondent: Mr M. Martin QC

Solicitor for the Respondent: Mills Oakley

ORDERS VID 200 of 2020

BETWEEN: AGBOSS GROUP PTY LTD First Applicant

GLENDAN NOMINEES PTY LTD Second Applicant

AND: BAINBRIDGE PTY LTD Respondent

order made by: ANASTASSIOU J DATE OF ORDER: 19 AUGUST 2020

THE COURT ORDERS THAT:

1. The applicants have leave to file and serve an amended Statement of Claim in the form of Annexure A provided on 6 July 2020 and an amended Originating Application in the form of Annexure B provided on 6 July 2020 by 4:00pm on 21 August 2020. 2. The respondent file and serve an amended Defence by 4:00pm on 4 September 2020. 3. By 4:00pm on 20 September 2020: (a) the applicants are to make discovery of documents within their control in accordance with the categories set out in Annexure C provided on 6 July 2020, in accordance with rule 20.17 of the Federal Court Rules 2011; and (b) the respondent is to make discovery of documents within its control in accordance with the categories set out in Annexure D provided on 6 July 2020, in accordance with rule 20.17 of the Federal Court Rules 2011. 4. Paragraphs 6 to 9 of the Court's Order dated 14 May 2020 be vacated. 5. The applicants file and serve summaries of the evidence in chief of any lay witness they intend to call at trial by 4:00 pm on 22 November 2020. 6. The respondent file and serve summaries of the evidence in chief of any lay witness it proposes to call at trial by 4:00 pm on 24 January 2021. 7. The applicants file and serve any summaries of the evidence of lay witnesses in reply by 4:00pm on 22 February 2021. 8. No witness shall be cross examined on their summary of evidence except with leave of the Court. 9. The proceeding be listed for a further case management hearing on a date to be fixed. 10. The applicants pay the respondent's costs thrown away by reason of the amendment of the Statement of Claim. 11. Costs otherwise be reserved in the proceeding. 12. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.